RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-01009
INDEX NUMBER: 110.00
XXXXXXX COUNSEL: None
XXXXXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His Reenlistment Eligibility (RE) code be changed from “2C,”
“Involuntarily separated with an honorable discharge; or entry level
separation without characterization of service,” to one that will
allow his reentry into the US military, such as a code in the one or
three series.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was discharged for the preexisting condition of scoliosis, abnormal
curvature of the spine. The x-rays made of his spine during his entry
examination have discrepancies. He later had x-rays made that show
his spine to be within Air Force guidelines. He has also visited a
civilian orthopedic surgeon who determined his back pain was unrelated
to his scoliosis. The Air Force knew about his scoliosis before he
was allowed to enlist so he should not have been discharged for
erroneous enlistment.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 9 Sep 03. On 1
Dec 03, his Military Training Flight (MTF) commander notified him he
was recommending his discharge from the Air Force for erroneous
enlistment. The reason for the action was the applicant’s
Chronological Record of Medical Care, dated 17 Nov 03, which indicated
a diagnosis of back pain and Scoliosis. It was determined the
condition existed prior to service and was not permanently aggravated
by the applicant’s service. Had the applicant’s condition been known
prior to his enlistment, he might not have been allowed entry into the
military. The applicant acknowledged receipt on 1 Dec 03 and waived
his right to counsel and waived his right to submit statements. The
MTF commander recommended to the Training Group commander the
applicant be discharged for the reasons stated above. The discharge
case file was reviewed and found to be legally sufficient to support
the applicant’s separation. The Training Group commander approved the
applicant’s discharge with an entry-level separation. The applicant
was discharged on 5 Dec 03 with an uncharacterized Entry Level
Separation and given an RE code of “2C.”
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. The applicant was administratively discharged for erroneous
enlistment due to persistent back pain associated with his pre-
existing scoliosis, which prevented training. The applicant contends
his back pain was not related to his scoliosis, that x-rays performed
at Lackland AFB erroneously measured a scoliosis angle that exceeded
military entrance standards and in contradiction to provisions for
erroneous enlistment, the Air Force knew about his scoliosis at the
time of his enlistment. The applicant states he is now asymptomatic
after physical therapy for muscle imbalance.
The applicant had a history of back pain existing prior to service he
did not reveal at the time of his enlistment medical examination.
Scoliosis of degrees less than the established Air Force standards are
disqualifying when associated with pain. The applicant accurately
notes the Air Force knew about his scoliosis at the time of his
enlistment examination; however, the Air Force did not know about the
history of back pain he later revealed. It is only speculative as to
whether or not the Air Force would have granted him a waiver to enter
had it known of his back pain. If a waiver had been granted,
subsequent administrative discharge for a pre-existing back pain
condition, which prevented fulfillment of the purpose of his
enlistment in the Air Force, would have, again, been the end result.
The complete evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on
24 Sep 04 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of error or injustice. We took notice of the
applicant's complete submission in judging the merits of the case;
however, we agree with the opinion and recommendation of the BCMR
Medical Consultant and adopt his rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we
find no compelling basis to recommend granting the relief sought in
this application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that the
application was denied without a personal appearance; and that the
application will only be reconsidered upon the submission of newly
discovered relevant evidence not considered with this application.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2004-
01009 in Executive Session on 17 November 2004, under the provisions
of AFI 36-2603:
Ms. Kathy L. Boockholdt, Panel Chair
Mr. Wallace F. Beard, Jr., Member
Mr. Albert C. Ellett, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, undated, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant,
dated 17 Sep 04.
Exhibit D. Letter, SAF/MRBR, dated 24 Sep 04.
KATHY L. BOOCKHOLDT
Panel Chair
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